By Madeline Haas – Authorized Affiliate
The Overseas Domestic Worker Visa permits home employees working in a non-public family to enter the UK and proceed their employment for as much as 6 months. This route is appropriate for home employees in circumstances the place their employer (or their employer’s members of the family) don’t intend to stay within the UK for greater than 6 months.
This complete guide considers the eligibility necessities for an Overseas Domestic Worker Visa intimately, alongside the visa software course of and a few continuously requested questions on this route.
Am I Eligible for an Abroad Home Employee Visa?
In an effort to qualify for an Overseas Domestic Worker Visa, candidates should meet numerous eligibility necessities. Through the software course of, the applicant have to be ready to supply their private particulars, proof of their id and proof of their employment.
Worker Necessities
The GOV.UK web site confirms that references to ‘Domestic Workers’ ordinarily consists of the next:
- Cleaners;
- Chauffeurs;
- Cooks;
- These offering private care of the employer/their members of the family; and,
- Nannies.
The applicant should meet every of the next necessities:
- They’re aged 19 or over when their software is submitted; and,
- They’re in ongoing employment as a home employee; and,
- They dwell in a property that their employer usually or constantly makes use of as a private dwelling; and,
- They’ve been in employment for a interval of 12 months or extra with the related employer.
There are a number of specified paperwork that an applicant should present to show that the above elements every apply.
The applicant should additionally meet the general suitability requirements set out below Half 9: Grounds for Refusal. In case you are involved that you don’t meet these necessities, you might want to contact certainly one of our specialist immigration barristers.
Employer Necessities
The Overseas Domestic Worker Visa permits home employees to proceed working for his or her employer whereas their employer spends a restricted time frame within the UK. There are three specified classes which the employer (or their members of the family) should fall below.
Class A – British employer or their British member of the family(s)
- The applicant will probably be travelling within the firm of a British employer, or that employer’s British partner, civil companion or youngster below the age of 18; and,
- The employer’s regular place of residence is outdoors the UK; and,
- The employer, their partner, civil companion or youngster don’t intend to stay within the UK for greater than 6 months.
Class B – British employer’s overseas member of the family(s)
- The applicant will probably be travelling within the firm of a British employer’s overseas partner, civil companion or youngster below the age of 18; and,
- These people don’t intend to stay within the UK for greater than 6 months.
Class C – International employer or their member of the family(s) who’re visiting the UK
- The applicant will probably be travelling within the firm of a overseas nationwide employer or their employer’s partner, civil companion or youngster below the age of 18; and,
- These people are making use of for or have been granted permission to enter the UK as a Customer; and,
- These people are not getting into the UK to undertake short-term examine, analysis or analysis tuition as set out below Appendix V at Paragraph V9.
Intention Necessities
The choice maker have to be glad that the applicant genuinely intends to work for his or her employer within the UK. They need to even be glad that the employer genuinely intends to pay the applicant a minimum of the Nationwide Minimal Wage all through their employment within the UK.
The Immigration Guidelines affirm that candidates should plan to go away the UK both when their employer leaves the UK or on the finish of their 6 month visa, whichever is earlier. Abroad Home Employees should additionally have the ability to preserve their major dwelling outdoors the UK; they can’t apply for this visa with an intention to make the UK their dwelling by way of frequent or successive visits.
Upkeep and Lodging Necessities
Home Abroad Employees should show that they’ll have the ability to adequately preserve and accommodate themselves within the UK with out recourse to public funds (which they can’t entry). It’s possible you’ll want to contact certainly one of our specialist immigration barristers for additional perception into how this requirement ought to be met.
Apply for an Abroad Home Employee Visa
The applying have to be submitted from a rustic the place the applicant holds a proper of residence and it can’t be submitted from throughout the UK. Functions ought to be made on-line utilizing the related software type on the GOV.UK web site, “Domestic worker in a private household.” The applying charge is at the moment set at £637.00 per software.
Candidates ought to apply as much as three months earlier than their supposed date of journey to the UK. It’s price noting that this visa class has an ordinary processing time of three weeks (though precedence companies could also be obtainable to scale back the processing time). After submitting the shape, candidates are invited to attend a biometrics appointment of their nation of residence.
When an software is granted, the applicant is issued a passport vignette confirming that they’ve go away to enter the UK for a interval of 6 months.
Can You Lengthen an Abroad Home Employee Visa?
It isn’t ordinarily potential to increase an Overseas Domestic Worker Visa from throughout the UK. Nonetheless, those that utilized for a Home Employee in a Personal Family Visa on or earlier than 5 April 2012 could also be eligible to increase their visa in restricted circumstances.
Can You Deliver Dependents to the UK on an Abroad Home Employee Visa?
Appendix Abroad Home Employee confirms that it isn’t potential to carry dependents to the UK utilizing this visa route.
Can You Change Employers Inside the UK?
You will need to be aware that Abroad Home Employees have a restricted proper to work. Whereas it’s potential to modify employers within the UK when you maintain this visa, you can’t undertake any work besides as a home employee in a non-public family.
Employment Rights as an Abroad Home Employee
The circumstances of your employment ought to have been agreed previous to your UK entry. After getting entered the UK, these circumstances can’t be modified with out your consent. Your employer should pay you your agreed wage and the quantity can’t be under the national minimum wage. You can’t be compelled to work extreme hours and your employer should permit any agreed vacation pay.
In case you are involved that your employment rights have been breached, the GOV.UK web site recommends that you just contact the Acas helpline or the charity Kalayaan.
Victims of Fashionable Slavery or Human Trafficking
Please see the GOV.UK website for recommendation on the steps to take when you or someone you recognize could also be a sufferer of recent slavery or human trafficking.
Appendix Home Employee who’s a Sufferer of Fashionable Slavery gives a visa route for people who entered the UK as an Abroad Home Employee and have consequently been a sufferer of recent slavery. A visa below this Appendix permits people to stay within the UK for a most interval of two years.
Contact Our Immigration Barristers
For professional recommendation and help in acquiring an Overseas Domestic Worker Visa, contact our immigration legal professionals in London on 0203 617 9173 or by way of the enquiry type under.
